How to File for Divorce Chicago IL – Law Offices of Anthony R. Scifo – Call for a Free Consultation – 847-628-8311
Contemplating a divorce is a major issue for anyone and can seem overwhelming at times. To help you gain a better understanding of How to File for Divorce Chicago IL, this post answers some FAQs. Besides divorce, there’s also some basic information about alimony, child custody and child support in the state of Illinois:
-After I learn How to File for Divorce Chicago IL, how long does the process take? Like a lot of legal matters, this depends on the issues that are at stake. Generally, the greater the disagreements between the parties means the longer the case will take to resolve. Typically in Illinois, it will take around one month to finish the paper work and set the final court date. If a divorce case cannot attain resolution and goes to trial, it can take up to one year to finalize.
-Does it make a difference who files for divorce first? It doesn’t usually matter who files first. The person who files the case is referred to as the Plaintiff and the other party is the Defendant.
-What if one spouse does not want a divorce? Illinois state law permits a spouse to legally contest the grounds for a divorce. If a spouse will not sign the divorce documents, the divorce then becomes contested. From there, a hearing takes place to establish what the reasons are for contesting it.
If each spouse attends the hearing, it’s up to the court to determine the divorce’s terms through evidence and testimony. Also, the court decides how to divide property and other settlements. In the meantime, though, spouses can work to resolve their disputes so the court doesn’t make those decisions. (Talk to lawyer about mediation and How to File for Divorce Chicago IL at 847-628-8311.)
-Is it permissible to start dating during ongoing divorce proceedings? There is no legal issue with dating while a case is pending. From a practical standpoint, though, if you begin a new relationship it can risk exacerbating the situation. That can make your spouse less agreeable. Also, exposing children to a new relationship may cause confusion. As a result, this could come up as an issue in child custody decisions.
Learn How to File for Divorce Chicago IL – Call the Law Offices of Anthony R. Scifo for a Free Consultation – 847-628-8311
-What’s the difference between joint and sole custody? With joint custody, each parent maintains an equal input regarding decisions that affect their children. Major decisions are generally those that impact educational, healthcare and religious matters. Children usually reside with one parent primarily, with that parent known as the residential custodian. In sole custody, one parent makes the decisions on matters affecting the children.
-How does the system determine child support payments? Amount of child support payments are based on the number of children resulting from the marriage. According to Illinois law, there are set minimum guidelines regarding payment of child support. Calculations are made based upon on a percentage of the paying parent’s net income. The Illinois guidelines are:
-One child is 20 percent of the payer’s net income.
-Two children are 25 percent.
-Three children are 32 percent.
Four children are 40 percent.
-Five or more children are 50 percent of the paying spouse’s net income.
Along with child support, courts will often determine that a child support-paying parent must pay 50 percent of day care costs.
-Does one spouse have to pay the other’s legal fees? The law doesn’t require one spouse to be automatically accountable for the other spouse’s legal fees. If one spouse possesses the majority of the available resources, the court directs that spouse to assist the financially dependent spouse with legal fees and court costs. The financially dependent spouse must demonstrate that they are unable pay the costs solely with their own resources.
-When determining How to File for Divorce Chicago IL, how can I decide on the grounds for my divorce? The grounds of irreconcilable differences are on a no fault basis. It basically means the marriage is broken down as a consequence of those irreconcilable differences. To apply these grounds, the spouses must live separately for at least six months. Also, they must agree to waive a two year waiting period. In some cases, one of the spouses may not agree to the waiting period. The plaintiff can still proceed after two years on the basis of irreconcilable differences even without the other spouse’s consent. For a fault divorce, grounds may include mental or physical cruelty, drug or alcohol abuse, adultery and irreconcilable differences. The grounds alleged in How to File for Divorce Chicago IL will generally not influence distribution of property or child custody.
Questions about How to File for Divorce? Call the Law Offices of Anthony R. Scifo at 847-628-8311
-Is it ok for one spouse to move the children out of state? In Illinois, the law does not permit minor children to permanently leave the state without consent from the court. Vacations in which children leave the state are allowable without a court order if the other spouse receives notification.
-After filing for divorce, when can a spouse obtain child support or child visitation? Generally, courts have the jurisdiction to give temporary orders during a pending How to File for Divorce Chicago IL case. Basically, as soon as a case begins, one of the spouses can ask the judge to grant temporary child support. (Or to grant child visitation terms.)
-What are the terms of a legal separation? A legal separation is a court proceeding in which the court grants a decree that legally separates the parties. It is a procedure similar to the beginning of a divorce and involves the filing of a petition. The proceeding may only be filed by the spouse who has not yet moved out of the marital residence. Legal separations are fairly uncommon. Usually, good candidates for legal separation are trying to protect their assets from the other spouse’s creditors. This is often because after the court grants a legal separation, the bills of one spouse aren’t the other’s responsibility.
-What if one spouse wrongfully takes money from the other spouse during a divorce? If one party improperly takes funds or sells assets during a divorce, the court can take that into consideration. When one of the parties takes money for their own benefit, the law considers that a dissipation of assets. When the divorce concludes, the court may give credit to the other party to compensate for the money that was allegedly taken. Usually though, efforts should be made to assure that one of the spouses doesn’t improperly use their finances.
While a How to File for Divorce Chicago IL case is ongoing, the can issue an order called a Preliminary Injunction. It’s an order that prohibits the improper use of resources by either spouse while case is pending. Additionally, substantial banking accounts may be divided at the start of the case. This is to assure one of the spouses can’t access all of the finances while excluding the other spouse.
For a free, private consultation about How to File for Divorce Chicago IL, call our law firm today at 847-628-8311.